WSR 06-07-067

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 10, 2006, 1:03 p.m. , effective April 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 260-12-180 to require all persons on horseback, and on association grounds to only wear safety helmets and safety vests that meet industry safety standards. In addition this section is amended to set standards for equestrian footwear. To amend WAC 260-28-230 to require trainers to be responsible to keep the commission advised of the names of their employees and to also ensure their employees wear safety equipment that complies with WAC 260-12-180.

Citation of Existing Rules Affected by this Order: Amending WAC 260-12-180 and 260-28-230.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 06-03-041 on January 10, 2006.

Changes Other than Editing from Proposed to Adopted Version: In WAC 260-12-180(3) jockeys were granted an exemption from the requirements of this subsection when the jockeys are riding in a race or on their mounts immediately prior to riding in a race.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 9, 2006.

R. M. Leichner

Executive Secretary

OTS-8522.3


AMENDATORY SECTION(Amending WSR 01-01-035, filed 12/8/00, effective 1/8/01)

WAC 260-12-180   Safety equipment required.   (1) When on association grounds, all persons ((while)) on horseback shall wear a securely fastened safety helmet ((and safety vest)) that meets current standards for equipment designed and manufactured for use while riding horses as established by the American Society for Testing and Materials/Safety Equipment Institute (ASTM/SEI), the British Standards Institute (BSI) or similar organization. ((Safety equipment shall be approved by the commission.))

(2) All persons on horseback shall wear a securely fastened safety vest that is designed to provide shock-absorbing protection of at least a rating of 5, as defined by the British Equestrian Trade Association (BETA).

(3) In addition, all persons on horseback shall wear equestrian footwear with a 1/2 to 3/4 inch heel and that covers the rider's ankle, except jockeys while riding in a race, or while on their mount immediately prior to riding in a race, shall wear jockey boots as required by WAC 260-32-100.

This rule does not apply to nonracing related events conducted for entertainment purposes. Safety equipment for such entertainment events shall be at the discretion of the racing association.

[Statutory Authority: RCW 67.16.040. 01-01-035, 260-12-180, filed 12/8/00, effective 1/8/01; Rules of racing, 24, filed 4/21/61.]

OTS-8523.4


AMENDATORY SECTION(Amending WSR 00-06-072, filed 3/1/00, effective 4/1/00)

WAC 260-28-230   Trainer -- Duty to register personnel -- ((Occupational licenses -- ))Safety equipment.   ((Each trainer shall register with the racing commission every person in his/her employ and be responsible for all his/her employees securing occupational licenses.

He/she shall also be responsible for every jockey and all his/her employees wearing a safety helmet and safety vest while on horse back. The safety helmet and safety vest shall be of a type approved by the commission and any changes in the helmet or the vest must be approved in writing by the stewards.)) A trainer shall be required to notify the commission of the names of every person in the trainer's employ and be responsible to ensure that all the trainer's employees are properly licensed by the commission before being allowed to work. If a trainer releases any employee, the trainer shall notify the stewards within forty-eight hours.

A trainer shall also be responsible to ensure that all the trainer's employees wear a safety helmet and safety vest while on horseback, in compliance with WAC 260-12-180.

[Statutory Authority: RCW 67.16.040. 00-06-072, 260-28-230, filed 3/1/00, effective 4/1/00; Rules of racing, 286, filed 4/21/61.]

Washington State Code Reviser's Office